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The Bush administration has also asked America's neighbor and ally
Canada to sign a bilateral agreement granting U.S. citizens accused of
war crimes immunity from arrest and prosecution by the ICC. The American
proposal was not welcomed by Canadian officials, who termed it
"unnecessary."

Carl Schwenger, spokesman for Canada's Foreign Affairs Department
stated: "We don't share the U.S. concerns.  Democratic, law-abiding
states have nothing to fear from the ICC, which has rigorous safeguards
to protect against any frivolous investigations."


===============================

Ottawa Citizen
August 8, 2002 Thursday

Canada shuns deal to shield U.S. troops
U.S. wants others to vow not to send its soldiers to new war crimes
court

James Baxter

   Canada has been asked by the United States to sign an agreement that
it will not turn over American military personnel to the newly formed
International Criminal Court for war-crimes trials, Canadian officials
have confirmed.

   Canada has yet to give an official response, but a Foreign Affairs
spokesman said the U.S. request is unnecessary.

   The move is part of the U.S. government's continuing efforts to
insulate its military from the court, from which the Bush administration
withdrew in June.  Since then the administration has sought bilateral
anti-extradition treaties with court members, including Canada, aimed at
preventing U.S. soldiers and peacekeepers from being turned over to the
court in The Hague.

   "Canada and other countries have been approached by the U.S. to
conclude bilateral agreements regarding the jurisdiction of the
International Criminal Court," said Carl Schwenger, spokesman for the
Foreign Affairs Department.  "We don't share the U.S. concerns.
Democratic, law-abiding states have nothing to fear from the ICC, which
has rigorous safeguards to protect against any frivolous
investigations."

   The court was established in July in order to prosecute individuals
for war crimes and genocide when national governments refuse to act.

   To date, only Israel and Romania have agreed to the U.S. requests and
Canadian officials made clear that they believe giving blanket immunity
to U.S. military personnel is unnecessary, since the court only has
jurisdiction when a country refuses to conduct an investigation into
alleged war crimes.

   But the U.S. remains unconvinced and last week passed the American
Servicemembers Protection Act, dubbed sarcastically in international
circles as the "Invade the Hague Act."

   The act, passed by Congress, calls on the U.S. to use "all means
necessary" to keep U.S. personnel from being forced to stand trial
before the court in the Netherlands. The act's strong wording, taken to
its extreme, could sanction a military raid on another country to
extricate a U.S. serviceman being threatened with prosecution.

   Experts in international law said the U.S. reaction is "dramatic
overkill" aimed at pandering to right-wing isolationists, who fear U.S.
sovereignty is being eroded by international institutions such as the
United Nations and World Trade Organization.

   Mr. Schwenger did not comment on U.S. motives, but agreed the
bilateral agreements and the U.S. act are unnecessary.

   "If the U.S. enforces its own criminal laws against its citizens, the
ICC will never take jurisdiction over an American citizen," Mr.
Schwenger said.

   Still, he said Canada doesn't believe the U.S. would unlawfully
violate the territorial integrity of another country in order to prevent
it from fulfilling its legal obligations to the court.

   Mr. Schwenger also said Canada intends to continue "efforts to
encourage widespread ratification and implementation of the treaty and
that it is committed to maintain a dialogue with Washington on any
legitimate concerns it may have with respect to the court."

__________

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